I know that definition well. I believe I have found the answer, and as I stated, I was in error; I sure thought the court had authority to establish a mensa et thoro. Thanks anyhow. Paul
----- Original Message -----
From: H. B. Gill
To: Paul Drake
Sent: Wednesday, August 10, 2005 3:27 PM
Subject: Re: divorce in antebellum America
According to my references a divorce a mensa et thoro is legal separation
without affecting the marriage itself. You might check Black's Law Dictionary.
HB
At 10:28 AM 8/10/2005 -0500, you wrote:
>You might want to take a look at Fisher v. Harrison, 165VA323
>(182SE543). Though I have not read that report for YEARS my notes reveal
>that it speaks of the power of the VA court to grant a mensa et thoro.
>
>If I am wrong, I surely would like to know it, H. B. Thanks. Paul
>----- Original Message -----
>From: <mailto:[log in to unmask]>H. B. Gill
>To: <mailto:[log in to unmask]>[log in to unmask]
>Sent: Wednesday, August 10, 2005 9:23 AM
>Subject: Re: divorce in antebellum America
>
>The only legal divorce in Virginia before 1827 was by act of the
>legislature. The first petition for divorce presented to the Virginia
>legislature was in 1789. See my article, "Till Death (or the Legislature)
>do us Part," in the Colonial Williamsburg Journal, Autumn 2003, pp. 30-35.
>H, B. Gill
>
>At 06:46 AM 8/10/2005 -0500, Paul Drake wrote:
> >Hi, Marietta. The ad does not reveal divorce, however it demonstrates
> >that, if true, he had a basis for seeking divorce. Yet, without knowing
> >the result of his further actions through courts' minutes or legislative
> >acts, you can not so presume. She may have returned, he may have gained a
> >divorce from "bed and board" (a mensa et thoro) or he may have been
> >granted a full divorce (a vinculo matrimonii).
> > ----- Original Message -----
> > From: Marietta Sexton
> > To: Paul Drake ;
> <mailto:[log in to unmask]>[log in to unmask]
> > Sent: Wednesday, August 10, 2005 12:19 AM
> > Subject: Re: divorce in antebellum America
> >
> >
> > Two of my great, greats (one in VA 1770 and the other in GA 1797 )
> posted
> > messages in the Augusta Chronicle
> > and the Virginia Gazette, basically the same : Whereas my wife-----, has
> > eloped from my bed , I hereby forewarn
> > all persons from trusting her on my account as I will pay no debts
> of her
> > contracting.
> > Neither wife was menrioned in their wills. Wouldn't this signify a
> > divorce ?
> > Marietta
> > ----- Original Message -----
> > From: "Paul Drake" <<mailto:[log in to unmask]>[log in to unmask]>
> > To: <<mailto:[log in to unmask]>[log in to unmask]>
> > Sent: Tuesday, August 09, 2005 8:14 AM
> > Subject: divorce in antebellum America
> >
> >
> > I have received a lot of question lately concerning divorce in the
> > pre-Civil
> > War South. Here is a simplified, copy and paste article with helpful
> > end-notes that might help a lot of folks. Paul
> >
> <http://www.arches.uga.edu/~mgagnon/students/Marino.htm>http://www.arches.uga.edu/~mgagnon/students/Marino.htm
>
> >
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> >
> >
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